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2005 West Virginia Code - CHAPTER 51. — COURTS AND THEIR OFFICERS
- CHAPTER 51. — COURTS AND THEIR OFFICERS.
- ARTICLE 1. — SUPREME COURT OF APPEALS.
- §51-1-1. — Justices.
- §51-1-2. — Chief justice.
- §51-1-3. — Jurisdiction.
- §51-1-4. — Regulation of pleading, practice and procedure in all courts of record; judicial council as advisory committee.
- §51-1-4a. — Rules governing practice of law; creation of West Virginia State Bar; providing its powers, and fees for administration.
- §51-1-5. — Regular terms.
- §51-1-6. — Special terms.
- §51-1-7. — Warrant of judges appointing special term.
- §51-1-8. — Hearing of cases at special term.
- §51-1-9. — What cases may be decided at regular or special term.
- §51-1-10. — Adjournment.
- §51-1-10a. — Salary of justices.
- §51-1-11. — Clerk; deputy, associate and assistant clerks; proofreader; other clerical assistants; compensation.
- §51-1-12. — Duties of clerk.
- §51-1-13. — Repealed.
- §51-1-14. — Repealed.
- §51-1-15. — Administrative office of supreme court of appeals continued; director; assistants and secretaries; seal.
- §51-1-16. — Director and assistant directors not to practice law.
- §51-1-17. — Administrative office of supreme court of appeals -- duties of director.
- §51-1-18. — Same -- Annual report of activities and estimates of expenditures.
- §51-1-19. — Repealed.
- §51-1-20. — Feasibility study of one day-one trial jury selection system.
- ARTICLE 1A. — UNIFORM CERTIFICATION OF QUESTIONS OF LAW ACT.
- §51-1A-1. — Definitions.
- §51-1A-2. — Power to certify.
- §51-1A-3. — Power to answer.
- §51-1A-4. — Power to amend question.
- §51-1A-5. — Certification order; record.
- §51-1A-6. — Contents of certification order.
- §51-1A-7. — Notice; preference.
- §51-1A-8. — Procedures.
- §51-1A-9. — Opinion.
- §51-1A-10. — Cost of certification.
- §51-1A-11. — Severability.
- §51-1A-12. — Construction.
- §51-1A-13. — Short title.
- ARTICLE 2. — CIRCUIT COURTS; CIRCUIT JUDGES.
- §51-2-1. — Judicial circuits; terms of office; legislative findings and declarations; elections; terms of court.
- §51-2-1a. — Repealed.
- §51-2-1b. — Repealed.
- §51-2-1c. — Repealed.
- §51-2-1d. — Repealed.
- §51-2-1e. — Repealed.
- §51-2-1f. — Repealed.
- §51-2-1g. — Repealed.
- §51-2-1h. — Repealed.
- §51-2-1i. — Repealed.
- §51-2-1j. — Repealed.
- §51-2-1k. — Repealed.
- §51-2-1l. — Repealed.
- §51-2-1m. — Repealed.
- §51-2-1n. — Repealed.
- §51-2-1o. — Repealed.
- §51-2-1p. — Repealed.
- §51-2-1q. — Repealed.
- §51-2-1r. — Repealed.
- §51-2-1s. — Repealed.
- §51-2-1t. — Repealed.
- §51-2-1u. — Repealed.
- §51-2-1v. — Repealed.
- §51-2-1w. — Repealed.
- §51-2-1x. — Repealed.
- §51-2-1y. — Repealed.
- §51-2-1z. — Repealed.
- §51-2-1aa. — Repealed.
- §51-2-1bb. — Repealed.
- §51-2-1cc. — Repealed.
- §51-2-1dd. — Repealed.
- §51-2-1ee. — Repealed.
- §51-2-1ff. — Repealed.
- §51-2-1gg. — Repealed.
- §51-2-2. — Jurisdiction.
- §51-2-3. — Adjourned terms.
- §51-2-4. — Special terms -- When and how held.
- §51-2-5. — Same -- Adjournment.
- §51-2-6. — Same -- For trial of person imprisoned.
- §51-2-7. — Same -- What causes may be tried; judge presiding.
- §51-2-8. — Residence of judge; disqualification.
- §51-2-9. — Repealed.
- §51-2-10. — Repealed.
- §51-2-11. — Repealed.
- §51-2-12. — Repealed.
- §51-2-13. — Salaries of judges of circuit courts.
- §51-2-14. — Holding court in two or more counties in circuit at same time.
- ARTICLE 2A. — FAMILY COURTS.
- §51-2A-1. — Family courts established.
- §51-2A-2. — Family court jurisdiction; exceptions; limitations.
- §51-2A-3. — Number of family court judges; assignment of family court judges by family court circuits.
- §51-2A-4. — Qualifications of family court judges.
- §51-2A-5. — Term of office of family court judge; initial appointment; elections.
- §51-2A-6. — Compensation and expenses of family court judges and their staffs.
- §51-2A-7. — Powers; administrative and judicial functions of family court judge.
- §51-2A-8. — Rules of practice and procedure; applicability of rules of evidence; record of hearings; duties of clerk of circuit court.
- §51-2A-9. — Contempt powers of family court judge.
- §51-2A-10. — Motion for reconsideration of family court order.
- §51-2A-11. — Petition for appeal.
- §51-2A-12. — Stay of proceedings pending appeal.
- §51-2A-13. — Motion to dismiss appeal.
- §51-2A-14. — Review by circuit court; record; standard of review; temporary order upon demand.
- §51-2A-15. — Review by supreme court of appeals; assistance for pro se appellants.
- §51-2A-16. — Expiration of appellate procedures; exceptions; report requirements.
- §51-2A-17. — Disciplinary proceedings for family court judges.
- §51-2A-18. — Vacancy in the office of family court judge.
- §51-2A-19. — Temporary assignment of family court judges.
- §51-2A-20. — County commissions required to furnish offices for the family court judges.
- §51-2A-21. — Budget of the family court.
- §51-2A-22. — Family court fund.
- §51-2A-23. — Operative dates; terminology.
- ARTICLE 3. — COURTS IN GENERAL.
- §51-3-1. — Seals of courts.
- §51-3-2. — Use of private seal.
- §51-3-3. — Jurisdiction over watercourses.
- §51-3-4. — Records.
- §51-3-5. — Attending officer.
- §51-3-6. — Citizenship and taxpaying not ground for disqualification of judge, sheriff or other court officer.
- §51-3-7. — Place of sessions of courts of county; destruction of courthouse.
- §51-3-8. — Change of place or time of session by governor.
- §51-3-9. — Limitation of §§51-3-7 and 51-3-8.
- §51-3-10. — Opening after day fixed.
- §51-3-11. — Effect of changing time or place of session.
- §51-3-12. — Adjournments.
- §51-3-13. — Power of judges of circuit courts to act during vacation of court.
- §51-3-14. — Court security fund.
- §51-3-15. — Court security board, terms.
- §51-3-16. — Security plans; approval by court security board; awards; training.
- §51-3-17. — Promulgation of legislative rules.
- §51-3-18. — Expeditious filling of judicial vacancies.
- ARTICLE 4. — GENERAL PROVISIONS RELATING TO CLERKS OF COURTS.
- §51-4-1. — Where clerks' offices to be kept.
- §51-4-2. — Inspection of records and papers; copies.
- §51-4-3. — Preservation and destruction of papers; microphotography and electronic storage.
- §51-4-4. — Removal of records or papers out of county; penalty.
- §51-4-5. — Authority to administer oath.
- §51-4-6. — Preparation of bonds.
- §51-4-7. — Transmission of copies of certain records to county clerk; recordation; penalty.
- §51-4-8. — Repealed.
- §51-4-9. — Indexes of books; penalty.
- §51-4-10. — Duplicate certificate of allowance; penalty.
- §51-4-11. — Report by circuit clerk to auditor of claims allowed against state; duties of auditor; penalty.
- §51-4-12. — Repealed.
- §51-4-12a. — Free recordation of discharges, other than dishonorable, and certificates of satisfactory service; free issuance to veterans and dependents of copies of certain records.
- ARTICLE 5. — COMMISSIONERS IN CHANCERY AND FOR STATING ACCOUNTS.
- §51-5-1. — Appointment, removal and powers of commissioners.
- §51-5-2. — Oath of commissioner.
- ARTICLE 6. — GENERAL RECEIVERS.
- §51-6-1. — Appointment; term; duties; authority.
- §51-6-2. — Powers and duties as to securities.
- §51-6-3. — Dividends and interest.
- §51-6-4. — Interest on money loaned.
- §51-6-5. — Receiver's liability for funds and interest thereon.
- §51-6-6. — Receiver's bond.
- §51-6-7. — Receiver's compensation.
- §51-6-8. — Accounts and reports.
- §51-6-9. — Failure to keep accounts or make statements.
- §51-6-10. — Settlement of accounts of general receiver and others who hold money subject to order of court; examination of bonds and securities.
- §51-6-11. — Examination of reports; recordation; new bond or additional security; effect.
- §51-6-12. — "Receivers' book"; recordation of reports; inspection.
- §51-6-13. — Charges of clerks and commissioners.
- §51-6-14. — Application of unclaimed funds in hands of general receiver of circuit court.
- ARTICLE 7. — OFFICIAL REPORTERS.
- §51-7-1. — Appointment; oath; attendance at grand jury sessions.
- §51-7-2. — Duty to take shorthand notes.
- §51-7-3. — Compensation for attending court and taking notes.
- §51-7-4. — Transcript of notes; fees; authenticity; transcript for judge in criminal cases.
- §51-7-5. — Salary in lieu of all other compensation.
- §51-7-6. — Reporter's fee; how taxed, paid and accounted for.
- §51-7-7. — Transcripts to be furnished indigent persons under conviction upon timely request; payment therefor.
- §51-7-8. — Transcripts to be furnished indigent persons in juvenile delinquency and child abuse and neglect proceedings upon timely request; payment therefor.
- ARTICLE 8. — STATE AND COUNTY LAW LIBRARIES; LAW CLERKS.
- §51-8-1. — West Virginia law library; control and management.
- §51-8-2. — Librarian; bond; assistants; compensation.
- §51-8-3. — Rules and regulations governing use of library.
- §51-8-4. — Control of library by court; expenses.
- §51-8-5. — Distribution of West Virginia reports.
- §51-8-6. — Exchange of acts of the Legislature for acts of the legislatures of other states; distribution.
- §51-8-7. — Accounts and reports of librarian.
- §51-8-8. — Authority to establish county law libraries; control of circuit judge; rules and regulations.
- §51-8-9. — Accounts and reports relating to county law libraries.
- §51-8-10. — Law clerks.
- ARTICLE 9. — RETIREMENT SYSTEM FOR JUDGES OF COURTS OF RECORD.
- §51-9-1. — Establishment.
- §51-9-1a. — Definitions.
- §51-9-1b. — Statement of legislative intent, policy and finding.
- §51-9-2. — Judges' retirement fund created; composition.
- §51-9-3. — Custody, permissible investment and administration of retirement system trust fund; state auditor's authority as administrator and trust fund fiduciary; refunds required, including interest; federal qualification requirements.
- §51-9-3a. — Specification of actuarial assumptions.
- §51-9-4. — Required percentage contributions from salaries; any termination of required contributions prior to actual retirement disallowed; leased employees; military service credit; maximum allowable and qualified military service; qualifiable prosecutorial service.
- §51-9-5. — Election not to participate, contribute, or be a member; authorized transfers of service credit by a judge; duplicate use of service credit prohibited.
- §51-9-6. — Eligibility for and payment of benefits.
- §51-9-6a. — Eligibility benefits; service and retirement of judges over sixty-five years of age.
- §51-9-6b. — Annuities for surviving spouses and surviving dependent children of judges; automatic escalation and increase of annuity benefit; proration designation by judge permitted.
- §51-9-6c. — Limitations on benefit increases.
- §51-9-6d. — Adjusted annual retirement benefit calculations.
- §51-9-7. — Ineligibility to receive pay or benefits.
- §51-9-8. — Retirement upon disability.
- §51-9-9. — Determination of eligibility for benefits.
- §51-9-10. — Services of senior judges.
- §51-9-11. — Monthly payments.
- §51-9-12. — Refunds.
- §51-9-12a. — Federal law maximum benefit limitations.
- §51-9-12b. — Federal minimum required distributions.
- §51-9-12c. — Direct rollovers.
- §51-9-12d. — Rollovers and transfers to purchase service credit or repay withdrawn contributions.
- §51-9-13. — Disqualification for pay and benefits.
- §51-9-14. — Moneys exempt from execution, etc.; unassignable and nontransferable; exception for certain domestic relations orders.
- §51-9-15. — County commissioners excluded.
- §51-9-16. — Severability of article and amendments thereto.
- §51-9-17. — Benefits not forfeited if system terminates.
- ARTICLE 10. — PROFESSIONAL BONDSMEN IN CRIMINAL CASES.
- §51-10-1. — Definitions.
- §51-10-2. — Business impressed with public interest.
- §51-10-3. — Procuring business through official or attorney for consideration prohibited.
- §51-10-4. — Attorneys procuring employment through official or bondsman for consideration prohibited.
- §51-10-5. — Receiving other than regular fee for bonding prohibited; bondsman prohibited from endeavoring to secure dismissal or settlement.
- §51-10-6. — Posting names of authorized bondsmen; list to be furnished prisoners; prisoner may communicate with bondsman; record to be kept by police.
- §51-10-7. — Bondsman prohibited from entering place of detention unless requested by prisoner; record of visit to be kept.
- §51-10-8. — Qualifications of bondsmen; rules to be prescribed by Supreme Court of Appeals; lists of agents to be furnished; renewal of authority to act; false swearing.
- §51-10-9. — Penalties.
- §51-10-10. — Enforcement of article.
- ARTICLE 10A. — BAIL BOND ENFORCERS.
- §51-10A-1. — Definitions.
- §51-10A-2. — Registration of bail bond enforcers and authorization by bail bondsman required; fees.
- 51-10A-3. — Effect of authorization.
- §51-10A-4. — Prohibited conduct.
- §51-10A-5. — Unauthorized acts; penalties.
- ARTICLE 11. — DEFENSE OF NEEDY PERSONS.
- §§51-11-1 to 51-11-9. — Repealed.
Disclaimer: These codes may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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